The Master Software Agreement is designed for situations where organizations need a structured legal framework for software licensing and related services. This contract type is particularly important when multiple software products or services may be licensed over time, as it provides a single overarching agreement that establishes standard terms and conditions. Under English and Welsh law, it includes essential provisions for data protection, intellectual property rights, and service delivery, while allowing flexibility through supplementary order forms. The agreement is commonly used for enterprise-level software deployments where ongoing relationship management and clear operational parameters are crucial.
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Key Requirements PROMPT example:
Master Software Agreement
"I need a Master Software Agreement for my enterprise SaaS platform that will be licensed to financial institutions in the UK, with particular emphasis on data security requirements and the ability to add multiple software products through order forms starting March 2025."
1. Parties: Identification and details of the contracting parties (typically supplier and customer)
2. Background: Context of the agreement and high-level description of the software and services
3. Definitions: Key terms used throughout the agreement
4. License Grant: Terms of software license, scope, and usage rights
5. Fees and Payment: Payment terms, pricing, and invoicing arrangements
6. Intellectual Property Rights: Ownership and protection of IP rights
7. Confidentiality: Protection of confidential information
8. Data Protection: Compliance with data protection laws and data handling requirements
9. Term and Termination: Duration of agreement and termination rights
10. Liability and Indemnities: Limitation of liability and indemnification provisions
1. Professional Services: Additional terms for implementation, training, or consulting services when these are part of the offering
2. Service Levels: Performance metrics and service level commitments for when specific performance standards are required
3. Change Control: Process for managing changes to services or specifications, typically used in complex implementations
4. Disaster Recovery: Business continuity and disaster recovery provisions for business-critical software
5. Export Control: Compliance requirements with export control regulations when software may be subject to export restrictions
1. Software Description Schedule: Detailed description of software functionality and specifications
2. Service Level Agreement Schedule: Detailed service levels, metrics, and remedies
3. Support Services Schedule: Description of support services and procedures
4. Pricing Schedule: Detailed pricing information and payment terms
5. Data Processing Agreement Schedule: Detailed data protection obligations and procedures
6. Security Requirements Schedule: Security standards and requirements
7. Change Control Procedure Schedule: Detailed process for implementing changes
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